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Department of Justice (DOJ) Office Of JUSfiCC PrO-ratTIS N Office of die Assistant Attorney General Wcahingion, D.C. 20P1 The Honorable Francis Suarez City of Miami 444 S.W. 2nd Ave,, 5th Floor - Grants Administration Miami, FL 3 3130-19 10 Dear Mavor Suarez� Oil behalf ofAttorney General William P. Barr, it is my pleasure to inform you that die Office of Justice Programs (OJP), U.S. Department Of Justice (DOJ), has approved the application by City of Miami for an award Under the OR funding opportunity entitled "BJA FY20 Crime Gun Intelligence Centers." The approved award amount is 5653,762. These funds are for the project entitled Nliami CGIC Expansion Project. Tile award document, including award conditions, is enclosed. The entire dOCUIllent is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Nolices: Special circumstances as to particular award conditions" (ojp,Rov/ftinding/Explore,'I-c�lyiiNodcos-Awardl�cqts.litiii) is to be consulted priorto an acceptance. Through that "Lc, -al Notices" webpage, OJP sets out -- by funding Opportunity -- certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award reqUirenICIAS that is posted through that wobp,age is incoiWrated by reference into the award. Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of pciforinance for the award. Because these requirements encompass Financial, administrative, and programmatic matters, as well is other important matters specific restrictions oil use of funds), it is vital that all key staffknow the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OOP. (Information on all pertinent award requirements also must be provided to any subrecipient of the award.) Shotild City of Miami accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the irvardan&Or a requirement to repay award funds. Please direct questions regarding this award as follows: - For program questions, contact Joseph Husked, Program Manager at (2022) 353-4411, and - For financial questions, contact tile CUStOnlff Service Center of OJP's Office of the Chief Financial Officer at (800) 458-0786, or at aslc-OCf0@,Usdcj.gov. We look forward to working With You. Sincerely, Katharbic T. Sullivan Principal Deputy Assistant Attorney General 1nct, Department of Justice (DOJ) Office of Justice Programs Qfflee o J'0vil Rights 117ashington, DC 20531 The Honorable Francis Suarez City of Miami 444 S.W. 2nd Ave. 5th Floor - Grants Administration Miami, FL 33130-19 10 Deal, Mayor Suarez: Congratulations on your recent award. The Office for Civil Rights (OCR), Office OHLI.StiCC Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office OfCOMMUnity Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by Law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title LX of the Education Amendments of 1972, require recipients offederal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program staftites contain nondiscrimination provisions that require compliance with them as a condition ofrecciving federal financial assistance. Fora complete review ofthese civil rights laws and nondiscrimination requirements, in corunection with OJP and other DOJ awards, see littps:,,'/qi p.gov/filnd i ri g/Explorell-egal Overview/Ci v i I RightsReq u ire men is, h trn Under the delegation of authority, the OCR investigates al legations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on reELlIa10Fy criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that tneet, equal -opportunity standards. If you are a recipient of grant awards Linder the Omnibus Crit'110 Control and Safe Streets Act or the Juveni to Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPS); and (2) submitting findings of discrimination to OCR. For additional information regarding the ESOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 41204(c), ,205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organiza [ion's civil rights or nondiscrimination. responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know, Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst Department of JLIStiCC (DOJ) Office of Justice Programs PAGE I OF 22 �y BurCdtl of Justice Assistance Grant k 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUTyTBER: 2020 DC BX-0011 City of mian _. 414 5. W. 2ud Ae e, 5th Floor- Grants Adminisiration 5, PROJECT PERIOD: FROM 10101.r2020 TO 09/3012023 Miami, FL. 33130-191D BUDGET PERIOD: FROLI 10/01/2020 TO 09I30F2023 $. AWARD DATE 7, ACTION 2a,. GRANTEE IRSNENDOR NO. S. SUPPLEMENT NUMBER Initial 596000407 00 2b. GRANTEE DUNS NO. . - C72220791 9. PREVIOUS AWARD AMOUNT _............... $ 0 10. AMOUNT OF . 7. PROJECT TITLE F THIS AWARD _ . 3653,762 Miami CG1C Expansion Project 11. TOTAL AAA?ARD S 653,742 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(BJA - J.AC 5 f carve -out') 34 USC 10157(6) 14. CATALOG OF DOMESTIC FEDERAL. ASSISTANCE (CFDA Number) 16.735 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT .. ,..,_.._.m_ GPRS ..... _ ...... ... ....._. ..._ AGENCYAPPROVAL �I�'y�I ..._...... .. _..._..-._. GRANTEE ACCEPTANCE 16, TYPED NAME AND TITLE OF APPROVING OFFICIAL IS. TYPED NAIVE AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Katharine T. Sullivan Francis Suarez Principal Deputy Assistant Attorney General Mayor 17. SIGNATURE OF APPROVING OFFICIAL 19, SIGNATURE OF AUTHORIZED RECIPIENT OFFK'IAL 19A. DATE J AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. VDGUGT2'269 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. PONIS AMOUNT x B DG SO 00 00 653762 OJP F0R_M 40D0I2 (REV. 5-57) PREVBOUS EDITIONS ARE OBSOLETE, OR FORM 4000/2 (REV. 4-85) Depailinent Of Justice (DOT) Ilk Office Of JLIStiCC PrOffaffl,'; A" Bureau of Justice Assistance y PROJECT NUMBER 20-20-D&M-001 I AWARD CONTINUA] I ION SHEE'r Grant AWARD DATE SPECIAL CONDITIONS I . Requirements of the award, remedies for non-conipliance or I -or materially false statements PAGE 2 OF 22 The conditions ofthis award are material requirements ofthe: award. Compliance with any assurances or Certifications submitted by or on behalf of the recipient that relate to conduct during the period or'perf6rinance also is a material requirement ofthis award. Limited Exceptions. In certain special Cil-CLIMSMIIUS, the U.S. Department Of JUAUL ("DOP) may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any .such exceptions regarding criflorccinent, including any such CXCOptiOnj made during the period ot'perForniance, are (or will be during the period offierrorniance) set out through the Office Or Justice Programs ("OJT"') wcbpage entitled "Legal Notices; Special circumstances as to partiCUlar award conditions" and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in fall below, a condition incorporated by reference below, or in assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other Things, the OJP may withhold award farads, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of crialinal prosecution (illClUdiflll Under 18 U.S.C. 1001 and/or 1621, and/or 34 LT.S.C, 10271-10273), and also may lead to imposition ofcivil penalties zinc] administrative remedies for false chdrils of otherwise (including under 31 U&C 3729-3730 and 3801-3812). Should any provision Ora requirement of this award be held to be invalid or unenforceable by its terms. that provision -,hall first be applied with a limited COOStrUcLiOrl So as to give it the maxit111.1111 effect permitted by law. Should it be field, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. ON FORM 400012 (REV. 4-89) Department Of Justice (DOJ) Office of Justice Programs f. Bureau of Justice Assistance PROJECTNUMBER 2020-DO-M-001 I AWARD CONTINUATION SHEET Grant AWARD DATE SPECIAL CONDITIONS 2. Applicability of Part 200 Uniform Requirements PAGE 3 OF 22 The Uniform Administrative Requirements, Cost Principles, and Audit ReqUilel-11(nItS in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniforrin Requirements") apply to this FY 2020 award frorn OJP, The Part 200 Uniform Requirements were first adopted by DOJ on Decernber 26, 2014. if this FY 2020 award supplements funds, previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived frown the initial award or a supplemoinal award) that are Obligated on or after the acceptance date of this FY 2020 avxurd. For more information and resources on the Part 200 Uniform Requirenicnisas they relate to OJP awards and subawards ("SUbgrants"), see the OJP website at lit tps :Y./qj p.gov./fundin,,1/Part2 00 Uni favinRequireincri ts.h tm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("SUbgraritce") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425). unless adifferent retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, il)Ckide performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200333. In the event that an award -related question arises ftorn docurnents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way front, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP Promptly for Clarification. 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Gnuits Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at 1111psiflaip, gov/ffirancia Igui dc/D0 J/index, ht 111), including any updated version that maybe posted during die period oflierforinance. The recipient agrees to comply with the DO3 Grants Financial Guide. 4. Reclassification of various statutory provisions in a new Title 34 of the United States Code On September 1. 2017, various statutory provisions Previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number Of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including inauV PrOViSiOnS previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2M 7, any reference in this award document ton Statutory provision that hits been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified Title 34, This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by refertrice through award conditions, and references Set Out in other award requirements. OJP FORM 400W2 (REV. 4-88) Department of Justice (DOJ) Office ot'Justice Programs Bureau of Justice Assistance PRojEc,r NUMBER 2020-DO-M-001 t AWARD CONTINUATION SHEET Grant WWI 1.4 0 M I a SPECIAL C0,1VDJT[0iV,5 5- Required training for Point of Contact and all Financial Points of Contact PAGE 4 OF 22 Both the Point of Contact (POC) and all Financial Point,; of Contact (FP0Cs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on ot-after January 1. 2018, will satisfy this condition. In the event that either the POC or an FPOC for this award changes dilring the period of performance, the new POC or FPOC must have SUccessfully completed an "OJP financial management and grant administration training" by [ 20 calendar- days after - - ( I ) the date of OJ P's approval I of the " Ch a ng e G ran t c c Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case ofa new FP0Q. Successful completion of such a training on or after January 1, 2018, will satisfy this condition. A list of OJP Trainings that OJP will consider "0JP financial irtanag-ement and grant administration training" for purposes of this condition is available at bttps:/"ww\Al.ojp.gov/trainixiE/fnit,,.him. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's tailIll-C to comply also may lend OJP to impose additional appropriate conditions on this award. 6, Requirements related to "do minjinis" indirect cost rate A recipient that is eligible under the Part 200 Uniforin Requirements and other applicable law to use the "do Mininlis" indirect cost rate described in 2 C.F.R. 200,414(t), and that elects to use the "de rnininfis" indirect cost rate, must advise 011? in writing of both its eligibility and its election, and must comply with nil associated requirements in the Part 200 Uniform Requirements. The "do nimimis" rate may be applied only to modified total direct costs (N-ITDC) as defined by the Part 200 Uniform Requirements. 7. Requirement to report potentially duplicative funding If the recipient Currently has other active awards of federal funds, or if the recipient receives any other award of federa funds during the period of performance for this award, the recipient promptly must determine whether funds front any of those other federal awards have been, are being, or aie to be used (in whole or in part) for one or more or the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ aw arding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awardinga- ncy, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. OJP FORM 4000/2 (RFN. 4-88) Depai-Inient of Justice (DOJ) Office of Justice programs Bureau of Justice Assistance PROJECT NUMBER 2020-DG-BX-001 L AWARD CONTINUATION SHEET Grant AWARD DATE SPECIAL CONDITIONS S. ReqUirCments related to Systern for Award Management and Universal Identifier Requirements PACE 5 OF 22 The recipient must comply with applicable requirements regarding the System for Award Management (SALM), CUrrently accessible at https://wNww,saiii.gov>-, This includes applicable mquirements regardin re, s at Oil I - gi tr i wi li SAM as well its maintaining the currency of information in SAM, The recipient also must comply with applicable restrictions on subawards ("sub rants"") to first -tier subrecipients (first -tier "subgrantees"), inclUding restrictions Oil SUbawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration, The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site, athttps:i/ojp,2ow,,,rfLiiiding/Exploi-e/S`AM.4itin (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here, 'I'his condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to anv business or non-profit organization that he cr she may own or operate in his or her name). ©JP FORM 4000/7 (REV. 4-88) Department of Justice (DGJ) 0ifice of Justice Prograrns Bureau of Justice Assistance PROJECT NifiMB R 2020-DO-fix-00 t t AWARD CONTINUATION SHEET Grunt AWARD DATE, S.i2ECLIL, CC.tNDIT/0,MS 9. Employment cligibi;lity verification fur Iririna Linder the award PAGE 6 OF 22. 1. The recipient (and any subrecipient at any tier) rnust A. Ensure that, as part of the hiring process for any position within the United States that is or will be 'funded (in whole or in part) xvith award funds, the recipient (or- any subrecipient) properly verifies the employinent eligibility of the individual who is being hired, consistent with die provisions of 8 U.S.C. 1324u(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1)'thi.s award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)( I ) and (2) ghat, generally speaking, inake it unlawful, in [lie United States, to hire (or recruit for cniploytnent) certain aliens. C. Provide training (to the extent necessary) to those pet•son-, required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S•C. 1324a(a)(1) and (2). LA• As part of the recordkeeping for the award (including ptusuarrt to the part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Eonn 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities, include monitoring of subrecipient compliance with this condition, 3. Allowable costs To the extent that such costs are not reimbursed under any other fAeral program, award funds anay be obligated for die reasonable, necessary, and allocablo costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient.) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E Verify For purposes of satisfying the requirement of this condition rcgardirig verification of employment eligibility, the; recipient (or any subrecipient) naay choose to participate in, and use, E-Veri'fy (wvwww.e-verify-gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (arid follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconf€rmation"') to confirm employment eligibility for each hiring fora position in the United Slates that is or will be funded (in whole or in part) with award fends. C. "United States"specifically includes the District ofColunrbia, Puerto Rico. Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands, D. Nothing in this condition shall be understood to aLtthoriae or require any recipient. any sribrecipieart at any tier, or OR FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office ol'Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET Grant PROIT-CT NUMBER 2020-D0-BX-GG1 I A WARD DATE SPECbIL CONDITIONS PAGE 7 OF 22 any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law E. Nothing in this condition, including in paragraph 4.13., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, ofany obligation otherwise unposed by law, including 8 U.S.C. 1324a(a)(I) and (2). Questions about E-Verify should be directed to DHS. For more infori-nation about E-Verify visit the E-Verify website (https:,,/ivwNN,.e-verify.gov,) or email E-Verify at E-Vcrify@dhs.- v, E-Verify employer agents can email E- Verify at E-VerifyETiiployci-Agent(—i)dlis.1-ovr. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance 10. Requirement to report actual ov imminent breach of perscmally identifiable information (Pll) The recipient (and any "subrecipient" at ally tier) must have written procedures in place to respond in the event of an actual or imminent Ibreach" (OMB M-1 7-12) if it (or a subrecipient ' ) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable inforination (P11)" (2 CFR, 200.79) within the scope of an OR grant-fiindcd program or activity, or (2) uses or operates a "Federal information system" (OMB CirCUlar A- 130), The recipient's breach procedures must include a requirement to report actual or harninent breach of PH to an OJP Prograrn Manager no later than 24 hours after an Occurrence of an actual breach, or the detection of an imminent breach. 11. All subawards ("subgrants") must have specific fioderal authorization The recipient, and any subrecipient ("subgrantec") at any tier, must cornpily with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for puiposes of federal grants administrative requirements -- OR consider.,, a "subaward" (and therefore does not cwisiLler a procurement ""contract"). The details of the requirement for authorization of any SUbaward are posted on the OJP web site at htip,%:,'"/ojp.goN,/fuiidingfExplorel'subitNNardALittiorization.htiii (Award condition: All SUbawards ("SUbgrants")MUSt have specific federal authorization), and are incorporated by reference here. 12. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250.000 The recipient, and any subrccipient ("sUbgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (eLirreiitly,S250.000). This condition applies to agreements that --for purposes Of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OR web site at littps://ojp.go%,/fuildiiiR/Explore/NoncojiipetiliveProciti-ement.litiii (Award condition: Specific post -award approval required to use noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. OR FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) -0-ranis Office offilstice PT Bureau of Justice Assistance PROJECTNUMBER 2020-DO-M-0011 AWARD CONTINUATION SHEET Grant AWARDDATE SPECIAL CONDITIONS 11 Unreasonable restrictions on competition under the award; association with federal government. PAGE 8 OF 22 SCOPE, This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method Of PFOCLLrenient, or the nature of any legal instrument used. The provisions of this condition must be UITIOng those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as act out at 2 C.F.R. 200.300 (requiring awards to be "niaiiage[d] and adruinister[ed] in a manner so as to ensure that Federal funding- is expended and associated programs are implemented in full accordance with US. statutory and public policy requirements") and 200.3 19(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive Of COMpetitiOn," Such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient tor subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary Of Such an associate), except as expressly set out in 2 C.F.R. 200.3 19(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring Of SUbrecipient compliance with this condition. 3. Allowable costs To the extent that Stich costs are not reimbursed LUIder any other federal program, award funds may be oblip ted for the reasonable, necessary. and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The tern "associate of the federal government" mean,, any person or entity engaged or ernployed (in the past Or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work-, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work-, project, or activity (or to provide Such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrocipicilt at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. OR FORM 40OW2 ('REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020-D&M-001 I AWARD CONTINUATION SHEET Grant AWARD DATE SPECIAL CONDITIONS PACT 9 OF 22 14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting rcqUiTQl1lc1ltS. and OJP authority to terminate award) The recipient, and any subrecipient ("SUbgrantee") at any tier, must comply with all applicable requirements (includinu, requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("Nubgramees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited Conduct related to traffickina in persons are posted an the OJP web site at https:(iojp.gov/fuiiding/L-`xl)lorc/ProliibiLedConduct-l'i-affickiii _Q.htm (Award condition: Prohibited conduct by recipients and SLIbrecipients related to trafficking in persons (including reporting requirements and ON authority to terminate award)), anti are incorporated by reference here. 15. Detennination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (-,is appi-med by DOJ)(or in the application for any submvard, at any tier), the D03 funding announcement (solicitation), or all associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals Linder IS years of age. The recipient, and ally subrecipient at any tier, must make deten-iiinatiOlIS Of suitability before certain individuals may interact with participating minors, Tbis requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at littps!l,lojp.,,Yov,ftiiiding?Explorc,'Interict-Minors,litiii (Award condition; Determination of suitability required, in advance, for certain individuals who may interact with participating miners), and are incorporated by reference here. 16. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and Other events The recipient, and any subrecipient ("subgrantcc") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost hinits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DW Grants Financial Guide (Currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 17, Requirement for data on perforniance and effectiveness under the award The recipient must collect and maintain data that measure ale performance and effectiveness of work Linder this award. The data Must be provided to OR in the manner (inchidin.g within the tiniefrairies) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPR-A) and the GPRA Modernization Act of 2010, and other applicable laws. I& OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier— develops or delivers with OJP award funds Must adhere to the OR Training Guiding Principles for Grantees and SUbgrantees available at bttps://ojp,-,ov./fLtndiiig/li-npleiiienL,,TraiiiingPrinciplesFor-Ciratiteeq-SLibgraiitees.iitin. OJP FORM 4000/2 (REV. 4-88) DepaAnient OfJLVACe (DOJ) Office orjuslice proglanis Bureau of Justice Assistance PROJECT NUMBER 2020-DG-BX-001 I AWARD CONTINUATION SHEET Grant AWARD DATE SPECIAL COADITIONS 19. Effect of failure to address audit issues PAGE 10 OF 22 The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award foods, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address CLutstandin.- issues from audits required by the Part 200, Uniforin Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DO.! awards, M Potential imposition ofadditional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OM as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for Purpose; of the DOJ high -risk garantee list. 21, Compliance with DOJ regulations pertaining to Civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("sub.grantec") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42,spccificatly including any applicable requirements in Subpart E of 28 CIA, Part 42 that relate to an equal ColplOyInCut Opportunity program. 22. Compliance With DOJ re2tilatiOnS pertaining to civil rights; and nondiscrimination - 28 CTR Part 54 The recipient, and any subrecipient ("sUbgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the base, of sex in certain "education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and anysubrecipicrit ("subgrantec") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R, Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, il Mil-iOUs belief, a refusal to hold a religious belief. or refusal to attend or participate in a religious practice. Pat-[ 39, currently, also sets out nales and requisements that pertain to recipient and subrecipient ("subgrantec") organizations that engage in or conduct explicitly religious 'activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizatinw,,. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at littps://www,ecfr,gov/cgi-binIECFR9pa-,C----brownse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFI ""current" data. OJP FORM 4000!2 (REV. 4-88) Department of Justice (DOJ) A Office of Justice Programs N Bureau of Justice Assistance . ........ . PROJECT NUMBER 7020-DG-BX-001 t 24, Restrictions on "lobbying" ANVARD CONTINUATION SHEET Grant FAIMMMOXMIYA SPECIAL CONDMONS PAGE I I OF 22 In general, as a matter of federal law, federal funds awarded by OJP ulay not be used by the recipient, or any subrecipictit ("subgrantec") at any tier, either directly or indirectly, to support or oppose the enactli-tent, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There nray be exceptions if an applicable federal statute specifically authorizes, certain activities that otherwise would be barred by law,) Another federal law generally prohibits federal funds awarded by OJI1 fi-orn being used by the recipient, Orally subrceipient at any tier, to pay any person to infliiencc (or attempt to influence} a federal agency, a Member of Congress, or Congress (or all official or employee of any oftheni) with respect to the awarding of federal grant or cooperative agreement, subgrant. contract, Stibcontract, or loan, or with respect to actions such as renewing, extending, or UnOdifyiug any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by recipient (Or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of 0JR 25. Compliance with general appropriations -law restrictions on the use of federal fands, (FY 2020) The recipient, and any subrecipient ("subgrantec") at any tier, Must coniply with all applicable restrictions on the use of federal funds Set Out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/ExplorefFF"Y20AppropriationsRe strict i oil s.h trn, and are incorporated by reference here. Should a question arise as to whether a particular use offederal funds by a recipient (or a subrecipient) would or niight fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without [lie express prior written approval ofOJP. M Reporting- potential fraud, waste, and abuse, and similar misconduct The recipient, and any 5UbTCCipieRtS ("SUbgrantecs") at any tier, must promptly refer to the D0.1' Office of the Inspector General (01G) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds, Under this award-- (1) submitted a claim that violates the False Claillis Act, or (2) committed a criminal or civil violation of laws pertaining to fraLld, conflict of interest, bribery, gratuity, or similar misconduct, Potential fraud, waste- abuse, or misconduct involving or relating to funds orider this award should be reported to the OIG by --(I) online submission accessible via tile OIG welipage at littps:/,'oigjLzstice.gov/holline/contact-grafits.htiii (select "Submit Report Online"); (2) mail directed to: U.S. Department ot'Justice, Office of the Inspector General, Investigations Division, ATTN; Grantee Reporting, 950 Pennsylvania Ave., NW, Washington. DC 20530; arid/or (3) by facsimile directed to the DOJ 01G Investigations Division (Attn: Grantee Reportincy g) at (202) 616-9881 (fax). Additional information is ;"available from the DOJ OIG website at h ttps ://O i -j List ice, gov/hotline. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice programs Bureau of Justice Assistance PROJECT NUMBER 2020-DG-BX-00 I I AWARD CONTINUATION SHEET Grant AWARD DATE SPECIAL COM)ITIONS 27. Restrictions and cen i Ili cations regarding non -disclosure agreements and related matters PAGE 12 OF 22 No recipient orsLibrecipieiit("subgr,,tntee") under this award, or entity that receives aprocurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or Agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified inforinatiou), Font 4414 (-%vhich relates 10 sensitive compartmented information), or any other form issued by a federal department or agency governing the nondjsCIOSL1rC of classified infort-nation. 1, In accepting this award, the recipient — a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees of contractors from reporting waste. fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (Of purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above. it will firiniediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award- and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized Linder this award to make subawards ("subgrants"), proCLIM11CIlt Contracts, Or both -- a. it represents that -- (I ) it has determined that no other entity that the recipient's application proposes may or will receive award fund.-, (whether through it subawaTd ("subgrant"), procurement contract, or subcontract under.a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has ninde appropriate inquiry, or otherwise has an adequate factual basis, to Support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor cntriv that receives funds Under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict for purport to prohibit or restrict), reporting of waste, fi-aud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency makinu this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP F0R2v1 4000/2 (REV. 4-88) Dcpa -Invent of Justice (DOJ) Office Of Justice Progr€nits AWAR W Bureau of Justice Assistance PROTECT NUMBER 201-0-DG-BX-001 t AWARD DATE SPECIAL CC?NDI!'Ct` NS 2& Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a. grass waste of federal funds, an abuse of authority relating toa federal grant, a substantial and specific changer too public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native latJguage of the workforce), of employee rights and remedies under 41 U.S.C. 471.2. Should a question arise as to the applicability of the provisions of 4l US-C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 29. Encouragement of policies to ban text rnessagina while driving Pursuant to Executive Order 13513, "Federal Leadership oil Reducing Text Messaging While Driving„" 74 Fed, Reg. 51225 (October 1, 2009), DO�J encourages recipients and snbrecipients ("SUbgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course ofperfi nning work funded by this award, and to establish workplace safety policies and conduct educ;ation, awareness, and other outreach to decrease crashes caused by distracted drivers. 30. Requirement to disclose whether recipient is designated "high risk" by a federal grant-ntaking agency outside of DOJ If the recipient is designated "high risk" by a fcderal rant -making agency outside of DOJ, currently or at ally time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.CoanplittnecReporting(ti ojp.usLioi,gov. For purposes of this disclosure, high risk includes any stratus under which a federal awarding agency provides additional oversight due to the ,recipient's past performance, or other programmatic, or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that fcdcral awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. 31. FFATA reporting: Subavvards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of `ti25 t)00 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award, funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of2006 (FFATA), are posted on the. OJP web site at httpsJlojp.gvv/fttnding,'Explore/FFATA.htni (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000„ or (2) an awau•d made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that lie or she may own or operate in his or her name.). ON FORM 4000l2 (tREV.4-88) Department of Justice (DOJ) Office of Justice Prog uls AWARD CONTINUATION ". Bureau of Justice Assistance SHEET PACE 14 OF 27 Grant PROJECT ➢YUMBER 2020-W-BX-0011 ANVARD DATE SPECIAL CONDITIONS 32. The recipient agrees to submit to BJr'~,. for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) working days prior tc the targeted dissemination date. Any written, visual, oa- audio publications. with the exception of press releases, whether published at the Wantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. 2020-DG-BX-0011 awarded by the Bureau of.lustice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.& Departauent of Justice.° The current edition of the. DOJ Grants Financial Guide provides guidance on allowable printing and publicationactivities. 31 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests„ including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 34. Procurement policies The recipient agrees to submit a copy of its procurement policies and procedures to the OJP program office. The recipient tmay not obligate, expend, or claw clown funds under this award until the aril' program office his received, and OJP has reviewed and approved, the procurement policies and procedures, and a Grant Adjustment Notice has been issued to remove this special condition, 35. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 36. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110`ii, of the rnaxirruaat annual salary° payable to a member of tlt federal government's Senior Executive Service (SES) at an agency with a Certified SE,S Performance Appraisal System for that year. (ion awvard recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid, with non-federal funds.) This limitation on compensation rates allowable Linder this award inary be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 37. Verification and updating of recipient contact information The recipient must verity its Point of Comact(POC), Financial Point of Contact (hPOC), and Authorized Representative contact information in GMS, including telephone number and c-mail address, lfany information is incorrect or has charged, a Grant Adjustment Notice (GAN) must be submitted via the Grunt's Management Systean (UNIS) to document changes. OJP FORM 4000.12 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 15 OF 22 Grant PROJECT NUMBER 2020-D&M-0011 AWARD DATE SPECIAL CO3VDITIONS 38. Any Web Site that is funded in whole or in part under this award must include the following statement on the honic page, on all major entry pages (i,e,, pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on ativ pages from which a visitor may access or use a Web -based service, including any pages that provide results Or outputs frorn the service: "This Web site is funded [insert "in pail," if applicable] through a grant from the [insert name of OJP component], Office Of JUStiCC Programs, U.S. Department OFRIstice. Neither the U.S. Department of Justice not -any of its components operate, control, are responsible for, Or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools prw, ided)." The full text of the foregoing statement must be clearly visible oil the home page. On other pages, the statement nlav m - be included through a link, entitled "Notice of Federal Fundina and Federal Disclaimer," to the full text of the statement. 39. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring,, of this award pursuant to OJP'i guidelines, protocols, and procedures, and to cooperate with OR (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and"Or site visits. The recipient agrees to provide to OR all documentation necessary for OJP to complete its monitoring tasks, including documentation related 10 any SUbawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents, Failure to cooperate w-itli OJP's monitoring activities may result in actions that affect the recipients DOJ awards, itteILiding but not limited to: withholdings and"or other restrictions an the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s), 40. Confidentiality of data The recipient (arid any subrecipient at any tier) 111USL comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that al-c applicable to collection, use, and revelation of data or information. The recipient fw1her agrees, as a condition of award approval, to submit I Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 2123. 41. The award recipient agrees to participatc in a data collection process measuring program outputs and 011tCOlfles. The data elements for this process will be outlined by the Office Of Justice Programs, 41 Protection Of hUrnan research subjects The recipient (and any subrecipient at any tier) must comply with the requirements; of28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection ofhoman research subjects, inclufii-, obtainment of Institutional Review Board approval, ifapproptiatc, and subject informed consent, 43. Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this prograrn(s). National origin disc ri i nination includes discrimination on Ole basis of hinited English proficiency (LEP). To ensure ccurpliance with Title V1 and die Safe Streets Act, rec ipients are required to take reasonable steps to ensure that LE P persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements, The guidance document can be accessed on the Internet at www.lep.gov. 01P FORM 4000/2 (REV, 4-88) Department t of Justice (DOJ) Office of Justice Programs AWAIR Bureau of Justice Assistance PROJECT NUMBER 2070-Lori-COX-001 I AWARD DATE SPEChIL CONDITIONS 44. Copyright; Data rights 'rhe recipientacknowled.-cs that OJP reserves a royalty -free, non-exclUsive, and irrevocable license to reproduce, Publish, Or OdICIViSe use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federal Support. The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or othenvise use the data first produced under any such award or subaward, and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General), It is the responsibility of the recipient (anti Of each subrecipient (at any tier), if applicable) to ensure that the provisions of this condition are included in any subaward (at any tier) under this award. The recipient has the responsibility to obtain froin subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Crovernment, such rights, the recipient shall promptly bring such refusal to the atlention of the OJP program manager for the award and not proceed with the a.-reenlent in question without further authorization from the OJP prograni office. 45. The recipient is authorized to obligate, expend, or draw down funds in an amount not to exceed 35% OF this award for the sole purpose of partaking in a 6-month planning period in collaboration with BJA and ATF. The purpose of this planning , period is to convene relevant stakeholders to develop a project action plan, implement policy development, and train staff anti stakeholders as appropriate, During this 6-month period, BJA will release 35 percent of funds to assist with planning. The remaining funds will be released upon successful completion of project action plan. The recipient is not authorized to incur any additional obligations, ninke any additional expenditures, or draw down any additional funds until BJA has issued a Grant Adjustment Notice (GAN) removing this condition. 46, Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any turd all applicable requirements regarding reporting of information on civil. criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or ally Other grant, cooperative agreement. or procurement contract from the federal government. Under certain cii-CLUnStatIM, recipients of OJP awards are required LO report infonnation about such proceedings, through the federal System for Award Management (known as "SAND), to the designated federal integrity and performance system (currently, "FAI'lls"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (Currently, TAPIIS") within SAM are posted on the OJP web site at https:/.,"ojp,gov"/fundiii,,,/F�.XPIIS.htiii (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting- to FAPIIS), and are incorporated by reference here. 47, The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Officer (OCFO) has approved the budget and budget narrative and a Grant Adjustment Notice (GAN) has been issued to remove this special condition. OJP FORM 400012 (RFV, 4-88) Department Of Justice (DOJ) Office Of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020-DG-BX-0011 AWARD CONTINUATION SHEET Grant wwaolomrdn SPECIAL CONDITIOMS PAGE 17 OF 22 48. Recipient pray not obligate, expend ordrawdown funds until the BUrQauOfJustice Assistance. Office of Justice programs has received and approved the required application attaclinionit(s) and has issued a Grant Adjustment Notice (GAR') rclPaSiJ12 this Special condition. 49Authority to obligate award funds contin.-ent on no Use of funds to interfere with federal law enforcement: infoi-iiiation-comiiiiinic,itioii restrictions; unallowable costs; notification I . If the recipient is a "State," a local government, or a "Public" institution of higher education: A. The recipient may not obligate award funds if, at the thile of the obligation, the "program or activity" of the recipient for of any subrecipient at arty tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "infbi-iiiatioii-coiiiiiitiiiicatioii restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipiem, ,it any tier, described in paragraph LA of this condition) that would be reimbursed in whole or in part with award funds was subject to any inforiiiati011-COtIllIlLijiication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the (late the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in paragraph 1A of this condition, is in compliance with the award condition entitled "No We at- funds to interfere with federal law enforcement: iiifomiati011-COI)IInunicitioii restrictions; ongoing compliance." D. The recipient 111I.I.S1 promptly notify OJP (in writing) if the recipient, from its reqUiSite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded pr()ITraIll or activity of the recipient. or of any subrecipient (at any tier) described in paragraph LA of this condition, may be subject to any information-coi-niiiunic,,itioli restriction. In addition, any SUbaward (at any tier) to it subrecipient described in paragraph LA of this condition must require prompt notification to the entity that Made the SUbaward, should the subrecipient have such credible evidence regarding an inforiiiati011-COIIIIIIL]liication restriction. 2, Any subaward (at any tier) to a subrccipient described in paragraph LA of this condition must provide that the subrecipient may not obligate award funds if, at the titne of the , oblig tionthe prog ram gram or activity of the subrecipient (or of any further such subrecipient at any tier,) that is funded in whole or in part with award funds is subject to any inforiiiation-coiniiititlic,itioii restriction, 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award fund,,; obligated by the recipient at the time OF a subi-Qcipienfs minor and transitory non-compliance, which was Unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will Live great Weight to eVidC11CO Submitted by the recipient that dcrnonstrates diligent monitoring Of subrecipient compliance with the requirements set out in the "No use of funds to interfere ... iiiforiiiation-coilii-nLiiiicatioii restrictions; Ongoing compliance" award condition. 4. Rules of Construction A. For pUrPOSeS of this condition "inforiiiatioti-coiiiiiiLinic,,ttion restriction" has die meaning set out in the "Na Lose Of funds to interfere restrictions; ongoing compliance" condition. B, Both the "Rules Of Construction" and the "Important Note" set out in the "No use of funds to interfere ... infornia tion-co n un Uri ica Li oil restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Prograniq Bureau of Justice Assistance PROJECT NUMBER 2020-DG-BX-0tO I I AWARD CONTINUATION SHEET Crant AWARD DATE SPECIAL CONDITIONS PAGE IS OF 22 50. Authority to obligate award funds contingent on noninterference (within the funded "prograni or activity"') with federal law enforcement: in Cori na tion-coram talical ion restrictions, unallowable costs; notification 1. If the recipient is a "State," a local government, or a "PLIHC" institution of higher education:, A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded wholly or partly with award funds is subject to any "inf.oi-niatioii-cotiiiiitinicatioii restriction." 13. Also, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if-- at the time it incurs such costs -- the proggrain or activity of the recipient (or of any subrecipient, at any tier, described in par. I.A of this condition) that would be reimbursed wholly or partly with award funds was subject to any infc)riiiatioil-comti-itinicatioit restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the di-awdown, the recipient and each subrecipicIlL (regardless of tier) described in par. LA of this condition, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: infortnat ion-conurn inicat ion restrictions; onizoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in par. LA of this condition, may be subject to any information- carrununication restriction. Also, any subaward (at any tier) to a subrecipient described in paragraph I A of this condition must require prompt notification to the entity that made the subaward, should tile subrecipient have such credible evidence regarding air infcii-iiiatioti-coi-nlllLllliCZltioii restriction. 2. Any subaward (at any tier) to a subrecipient described in par. LA of this condition 111LISt provide that the subrecipient rnav not obligate award finds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such SUbrocipient at any tier) that is funded in whole or in part with award funds'is Subject to any information- communicationrestriction, 3. Absent air express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a sinall amount of award fonds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite dili.-crit monitoring), any obligations of award foods that, tinder this condition, inny not be made shall be unallowable costs for purposes of this award. In making any such determination, 130.1 will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring ofsubrecipient compliance with the requirements set out in the "Noninterference ... information - communication restriction,,; ongoing compliance" award condition. 4. Rules of Construction A. For Purposes of this condition "izifoi-iii,,ition-cominunicatioii restriction" has the meaning set out in the "Noninterference ... infoniiation-cot-niiiLtiiicatioti restrictions; ongoing corripliance" condition. B, Both the "Rules of Construction" and the "finportant Note" set out in the "Noninterference — information- 00111ITILIRiCatiOn restrictions,- ongoing compliance" condition are incorporated by reference US 11101.1gh set forth here in full, OJP FOPA-I 4000`2 (REV, 4-88) Dcparttnent Of Justice (DC1J) Office ol'Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 19 OF 22 Grant PROJECT NUMBER 2020-D&BX-001 t AWARD DATE S11 Cb4L COND177ONS 5I. No use of funds to interfere with federal law enforcement: information-conrmurication restrictions; ongoing compliance; 1. Throughout the period of performance, no Stag:; or local government entity, -agency, or -official may use funds under this award (including under- any subaward, at any tier) to prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting orreceiving, or exchanging information regarding irtamigration status tONTOtnlwith DI -IS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "irrforrnation-eomm�nunication restriction" under this award. 2. The recipient's monitoring responsibililies include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is am authorized and priority purpose of this award. To the extent that such costs are not re irnbru-sed under any other federal', program, award funds naay be obligated for the reasonable, necessary, and allocable costs (if any) that the, recipient, or any subrecipient at any tier that is a State, a local government Or a public institution of higher education, incurs to implement this condition. 4. li.ules of Construction A. For purposes of this condition: (,1) "State" and "local government" include .any agency or other entity thereof (including any public institution of higher education), but not any hrdian tribe. (2) A "public" institution of higher cdLiCalion is defined as one that is owned, controlled,, or directly funded tilt whole or in substantial part) by a State or local govcrnnient. ( Such a public institution is considered to be ae "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 20OOd-4a). (4) "Immigration status" means what it means under 3 U.S.C. 1373 and S U.S.C. 1644, and terms that are defrtrud in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) "DHS" ntcans the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any fcde:ral lawn, including any apphcatble civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the; meaning or scope of this condition should be directed to OJP, before. award acceptance, OJP FORM 400012 (REV. 4-88) Department of Justice (DOJ) OffiCC 01-JUStiCe programs Bureau of Justice Assistance PROJECTNUMBER 2020-DG-BX-0011 AWARD CONTINUATION SHEET Grant AWARD DATE SPECLIL CONDITIONS 52. Noninterference (within the funded "program or activity") with federal. law eDforcernent: restrictions; oneoinl- compliance PAGE 20 Of 22 t. With respect to the "program or activity" funded in whole or part Linder this award (including tiny such program or activity of any subrecipient at any tier), thrOUghout the period ofpci-forniance, no State or local government entity, - agency„ or -official may prohibit or in any way restrict-- (1) any L, I overument entity or -official from sending or receiving in Comia lion regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding innnigration status to/froni/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information- COn-irouniCation restriction" Linder this award, 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed Linder any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any sLibrecipiciiL at any tier that is a State, a local .-overnment, or a public institution of higher education, inCLUS to implement thh; condition. 4, Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of'higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (SUCII a public institution is considered to be a "government entity," and its officials to be "g-ovcrimient officials.") (3) "Program or activity" nicans what it means tinder title V1 of the Civil Rights Act of 1964 (see 42 U.S.C. 20OOd-4a). (4) "Immigration status" means what it means tinder 8 US C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S-C. 1101 mean what they mean tinder that section I toil, except that "State" also includes American Samoa, (5) "DHS" means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, Buy S11hrecipient at any tier, any State or local governinent, any public institution oftiiglier education, or any other entity (or individual) to violate any federal law, including tiny applicable civil rights or nondiscrimination tav,,, IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to 0111. before award acceptance, CUP FORM 400M (REV. 4-88) Department Of Justice (DOJ) Office of Justice Pro-ranis Bureau of Justice Assistance PROJECT NUMBER 2020-D&BX-00H AWARD CONTINUATION SHEET Giant AWARD DATE SPECML CONDITIONS PAGE 21 OF 22 53. No use of funds to interfere with federal law enforcement: No public disclosure of certain law-enforcerrient-sensitive information SCOPE. This condition applies as of the date the rccipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier), 1. No use of funds to interfere: No public disclosure of federal law -enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law onforcenien.t statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U,S,C. chs, 1, 49, 227), no funds under this award may be used to make any public disclosure of any federal law-criforcenient information in it direct or indirect attempt to conceal, harbor, or shield fro detection any fugitive froinjustice trader t 8 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation Of 8 U.S.C. ch. 12 -- wifliout regard to whether Such disclosure would constitute (or could form it predicate for) a violation of 18 U.S.C. 1071 or 1072 or of S U.S.C. 1324(a). 2. Monitofiii,,, The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3, Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition, 4. Rules of construction A. For purposes of this condition-- (1) the term "alien" nicans what it means Under section 10 1 ofthe lain-rigration and Nationality Act (see 8 U.S.C. I 10 1 (a)(3)); (2) the teen "federal law -enforcement information" means law -enforcement -sensitive itIfOrInatiOn COMITILInicated or made available, by the federal government, to it State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any rcqUCSt for law enforcement assistance or -cooperation, or (4) through any deconfliction (01- Courtesy) notice ofplanued, ininuncrit, con'11TIC116MUL continuing, or impending federal law enforcement activity-, (3) the Perm "law-enforcement-sensilivc information" means records or information compiled for any law - en forroment purpose; and (4) the teen "public disclosure" means any conunUiliCatiCul Or release other than one-- (a) within the recipient, or (b) to any subi-ccipient (at any tier) that is a govOillinent entity. 13. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: inforivatioti-cotnMLtiiicalioli restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 400612 (REV. 4-88) Department of Justice (DOJ) Office of Justice programs Bureau of Justice Assistance PROJECT NUMBER 2020-DU-BX-001 I AWARD CONTINUATION SHEET Grant AWARD DATE SPECIAL COADITIONS PACE 22 OF 22 54. Noninterference (within the funded "progrim, or activity") with Federal Jaw enforcement: No Public disclosure of certain law -enforcement' -sensitive information SCOPE. This condition applies with respect to the '"program or activity" that is funded (in whole or in part) by the a%vard, as of the date the recipient accepts this award, and thl-OLIgh0la the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Nonintcrference: No public diselosare of federal law -enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and IS U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law -enforcement information in a direct or indirect attempt to coriceal, harbor, or shield from detection any fugitive from justice tinder IS U.S,C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S,C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of IS U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition, 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds inity be obligated, for the reasonable, necessary, and allocable costs (ifany) of actions (e.g., training) desiMled to ensure compliance with this condition. 4. Rules of construction A. For purpostn', ofthis condition-- ( I ) the term "alien" nicans what it means Under section 101 of 1111tiligraLion and Nationality Act (see 8 U.S.C. I l 0 1 (a)(3)), (2) the term "federal law -enforcement inforniation" means Itw-ciifoi-ceiiiciit-spTisitive infonnation C0111111anicated or made available, by the federal government, to a State or local government entity, -agency, or -official, ffiroUgli any means, including, without limitation-- (1) tI1r0LQZl1 any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, inin-finent, commencing, I continuing, or impending federal law enforcement activity: (3) the term "lawv-enforcement-sensitive inforniation" means records or information compiled for any law - enforcement purpose; and (4) the term "public disclosure" means any C011-11111.1fliCation or release other than one-- (a) within the recipient, or (b) to any subrecipiont (at any tier) that is a governtrient, entity. B. Both the "Rules of Construction" and the "Irnpoilant Note" set out in the "Noninterference (within the funded program or activity") with federal law enforcement: infoi-nintiati-coiiiiniiiiieitioii restrictions-, ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000f2 (REV. 4-88) Edward Byrne Memorial Justice Assistance Grant (JAG) Program BJA FY 20 Crime Gun Intelligence Centers CITY OF MIAMI, a Florida Municipal Corporation LIM Arthur Noriega V, City Manager Attest: 0 Todd B. Hannon, City Clerk Approved as to Form and Correctness: Victoria Wndez, City Attorney Approved as to Insurance Requirements: 0 Ann -Marie Sharpe, Director of Risk Management Date: Date: Date: